Wednesday, 20 January 2016

Rule of harmonious construction

Rule of harmonious construction 

This rule is the final and the most important rule of interpretation. As submitted earlier, Judicial believe is every statute with every provision has some reason of enactment so the courts while interpreting must try to avoid a conflict between the provisions of Statute. It may be possible that different sections may appear to mean contrary to each other or contradicting each other.  Under such circumstances, an attempt should be made to reconcile the provisions of the Act and an effect should be made to give the effect to both the apparently contradictory provisions.  Thereby a head on clash between sections of the Act is avoided.  This is known as harmonious construction. The rule of reconciliation on the Entries was propounded for the first time in the case of In re C.P. and Bera Act [1].

Along with these rules, there are certain maxims and terms whose expressions play an important role in interpretation of statute. A brief discussion about some of these maxims as well as terms is as follows.

[1]AIR 1939 FC 1

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